Meeting Minutes - Dentistry, Florida board of

6,694 views
6,424 views

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
6,694
On SlideShare
0
From Embeds
0
Number of Embeds
5
Actions
Shares
0
Downloads
27
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Meeting Minutes - Dentistry, Florida board of

  1. 1. Amended 2/20/2009 1 BOARD OF DENTISTRY 2 GENERAL BUSINESS MEETING 3 THURSDAY, SEPTEMBER 11, 2008 BEGINNING AT 3:00 P.M. 4 FRIDAY, SEPTEMBER 12, 2008 BEGINNING AT 8:00 A.M. 5 CROWNE PLAZA ORLANDO UNIVERSAL 6 7800 UNIVERSAL BOULEVARD 7 ORLANDO, FL 8 (407) 355-0550 9 10 CALL TO ORDER 11 The meeting was called to order at 3:00 p.m. on September 11 and 8:00 a.m. on September 12 by 12 Dr. Klement. Those present for all or part of the meeting included the following: 13 14 Members present: 15 Betty Klement, D.M.D., Chair 16 Carl Melzer, D.D.S. 17 Joe Thomas, D.D.S., Vice-Chair 18 Dan Gesek, D.M.D. 19 Thad Morgan, D.D.S. 20 Wade Winker, D.D.S 21 Robert Perdomo, D.D.S. 22 Lourdes Fisher, R.D.H. 23 Brenda Kitchens, R.D.H. 24 Elmira Gainey 25 Tom Embree (absent 9/11/08) 26 27 Staff present: 28 Ed Tellechea,Esq. Board Counsel 29 Sue Foster, Executive Director 30 Cindy Ritter, Program Administrator 31 Wayne Mitchell, Esq. Prosecutor 32 David Flynn, Esq. Prosecutor 33 Sandy Halperin, D.D.S., Consultant 34 Court Reporter – American Court Reporting, (407) 896-1813 35 36 REVIEW OF MINUTES 37 June 19-20, 2008 General Business Meeting 38 The minutes of the June meeting were reviewed and following review, the following action was taken 39 by the board: 40 41 Motion: by Dr. Thomas to approve the minutes as presented 42 Second: by Mr. Embree 43 Vote: unanimous 44 45 DISCIPLINARY PROCEEDINGS 46 Update Regarding Competency Based Curriculum for Remediation 47 Copies of the Competency Based Curriculum prepared by Nova Southeastern were disseminated to 48 members of the board. 49 50 General Business Meeting September 11-12, 2008 Page 1 of 25
  2. 2. Amended 2/20/2009 1 DOH vs. Durgeshkumar D. Thaker, D.D.S., Case 2006-35028 (request for clarification on the 2 length of time to complete two year program) 3 Ms. Shanley was present representing Dr. Thaker. The board rejected the settlement agreement at 4 the last meeting and offered a counter requiring a 2 year comprehensive dental program. No time 5 frame was provided in the counter-offer for the college level ethics course or the 2 year 6 comprehensive course. 7 8 Following discussion, the following action was taken by the board: 9 10 Motion: by Dr. Gesek to reconsider the counteroffer 11 Second: by Dr. Thomas 12 Vote: motion passes with Dr. Klement opposed 13 14 Motion: by Dr. Gesek to amend the final order to require the two year comprehensive program at 15 University of Florida to be completed within 30 months. 16 Second: by Ms. Gainey 17 Vote: unanimous 18 19 Motion: by Dr. Gesek to allow 30 months to complete the college level ethics course 20 Second: by Ms. Kitchens 21 Vote: unanimous 22 23 Jeffrey Siegel, D.D.S., Case Nos. 2005-57054, 2005-58358, 2005-62383, 2002-26377, Motion to 24 Vacate Prior Final Order and Settlement Agreement 25 (PCP Melzer, Klement, Thomas, Winker) 26 Dr. Siegel was present and was represented by Erin O’Toole, Esq. An amended three count 27 administrative complaint filed on February 18, 2008 alleges many instances of defective treatment 28 and altered records over a 10 year period from 1993 – 2003. These cases all involved alleged 29 violations of s. 466.028(1)(x), F.S. for failure to meet minimum standards ;466.028(1)(t), F.S. for 30 fraudulent records and 466.028(1)(m), F.S. for failure to keep written records justifying the course of 31 treatment. 32 33 Probable cause panels recommendations for these cases included the following: reprimand, fines 34 were $6000, $26,000, $10,000, $10,000; all recommended crown and bridge CE, suspension varied 35 from 6 months to 2 years, costs payable within 6 months, 2 year comprehensive dental course, 36 refund to patient, pass laws and rules exam within 12 months, CE audit for next biennium. 37 The Department has proposed a final order by adopting a consolidated settlement agreement. 38 39 A settlement agreement incorporating all of the cases was presented to the board with the following 40 terms: reprimand, fine of $21,000 payable within 18 months, costs of $ 10,627.18 payable within 18 41 months, suspension for 6 months stayed and followed by 12 months probation during which all 42 terms of settlement must be met. Terms include one year comprehensive program which shall 43 include minimum of 12 hours in diagnosis and treatment planning until verified level of competency 44 is obtained from an accredited college of dentistry taken within one year of order; 6 hours in 45 crown/bridge with verified competency level, 3 hours college ethics, refunds to patients, vacate order 46 that is on appeal with 4th District Court of Appeal and incorporate resolution into terms of this 47 settlement, a CE audit for next biennium, pass the laws and rules exam within one year. 48 49 Following review, the following action was taken by the board: 50 General Business Meeting September 11-12, 2008 Page 2 of 25
  3. 3. Amended 2/20/2009 1 Motion: by Dr. Gesek to reject the settlement and offer the following: reprimand, fine of $25,000 2 payable within two years, costs of $ 10,627.18 payable within 18 months, one year suspension 3 followed by 2 years probation during which all terms of settlement must be met, two year 4 comprehensive dentistry course, 3 hours college ethics, refunds to patients, vacate order that is on 5 appeal in 4th District Court of Appeal and incorporate resolution into terms of this settlement, a CE 6 audit for next biennium, pass the laws and rules exam within one year. 7 Second: by Ms. Gainey 8 Vote: motion passes with Drs. Perdomo, Ms. Fisher and Dr. Morgan opposed 9 10 Ms. Kitchens requested reconsideration of the above action. 11 12 Motion: by Ms. Kitchens to reconsider counter offer 13 Second: by Dr. Morgan 14 Vote: unanimous 15 16 Motion: by Ms. Kitchens to amend counter settlement agreement offer to the following: $25,000 17 payable within 18 months, costs of $10,627.18 payable within 18 months, two year comprehensive 18 dentistry course at either UF or Nova to be completed within 30 months, one year suspension active 19 until he enrolls in the comprehensive dentistry course and remainder stayed, probation for a period 20 of one year, 3 hours college ethics to be completed within 30 months, refunds to patients, vacate 21 order that is on appeal in 4th District Court of Appeal and incorporate resolution into terms of this 22 settlement, a CE audit for next two biennia, pass the laws and rules exam within one year, all 23 requirements to be completed within 30 months 24 Second: by Dr. Perdomo 25 Vote: unanimous 26 27 Hugh G. Allen, D.D.S., Case No. 2006-29223, Settlement Agreement 28 (PCP Melzer, Thomas) 29 Dr. Allen was present and was not represented by counsel. A three count administrative complaint 30 filed October 1, 2007 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum 31 standards involving root canal treatment and seating of a crown with poor marginal integrity and 32 466.028(1)(m), F.S. of failure to keep medical records justifying the course of treatment of failure to 33 correctly note seating a crown and root canal treatment which were not completed, and 34 466.028(1)(n), F.S. of failure to make records available to patient 35 36 Probable cause panel recommendation: reprimand, $15,000 fine payable within 6 months, costs 37 payable within 6 months, 3 hours in record keeping, 3 hours in diagnosis and refund to patient, pass 38 laws and rules exam within 12 months, CE audit for next biennium. 39 40 A settlement agreement was presented to the board with the following terms: letter of concern, fine 41 of $9500 payable within 1 year, costs of $2,971.71 payable within 1 year, within 6 months – 3-6 42 hours in endodontics until competency, 3-6 hours in prosthodontics until verified competency, 3-6 43 hours in diagnosis and treatment planning until verified competency, 3 hours in record keeping, 44 refund and a CE audit for next biennium. 45 46 Following review, the following action was taken by the board: 47 48 Motion: by Ms. Fisher to accept the settlement agreement 49 Second: by Ms. Kitchens 50 Vote: unanimous 51 General Business Meeting September 11-12, 2008 Page 3 of 25
  4. 4. Amended 2/20/2009 1 Adam Diasti, D.D.S., Case No. 2007-38626, Settlement Agreement 2 (PCP Melzer, Thomas) 3 Dr. Diasti was present and was represented by Kathryn Kasprzak, Esq. An administrative complaint 4 filed on May 5, 2008 alleged violations of s. 466.028(1)(b), F.S. of having a license to practice acted 5 upon by another state (Georgia) involving failure to locate patient records. 6 7 Probable cause panel recommendation: impose Georgia discipline and monitor to ensure 8 compliance with Georgia order. 9 10 A settlement agreement was presented to the board with the following terms: reprimand, costs of 11 $1254.01 payable within 6 months, proof of compliance with Georgia order within twelve months, CE 12 audit for next biennium, laws and rules exam within 12 months. 13 14 Following review, the following action was taken by the board: 15 16 Motion: by Ms. Gainey to reject the settlement agreement and revise settlement to impose letter of 17 concern rather than reprimand with all other terms remaining 18 Second: by Ms. Kitchens 19 Vote: motion passes with Drs. Gesek, Winker and Morgan opposed 20 21 Dr. Diasti accepted the counter offer 22 23 Frederick A. Fox, D.D.S., Case No. 2007-28531, Settlement Agreement 24 Request for continuance granted. 25 26 Lawrence A. Hall, D.D.S., Case No. 2005-51846, Settlement Agreement 27 Motion for Continuance granted. 28 29 Richard Glenn Kantwill, D.D.S., Case No. 2008-05795, Settlement Agreement 30 (PCP Waived) 31 Dr. Kantwell was present and was represented by Timothy Sweeney, Esq. An administrative 32 complaint filed on August 8, 2008 alleged violations of s. 466.028(1)(ll), F.S. and 456.072(1)(hh) of 33 being terminated for unsuccessfully completing a drug or alcohol treatment program or failure to 34 comply with PRN contract. 35 36 A settlement agreement was presented to the board with the following terms: reprimand, fine of 37 $3000 payable within 6 months, costs of $1366.88 payable within, contract with PRN, voluntary 38 withdrawal from practice until appearance before the board with PRN recommendation that he is 39 safe to practice, a CE audit for next biennium, pass the laws and rules exam. 40 41 Following review, the following action was taken by the board: 42 43 Motion: by Dr. Thomas to accept the settlement agreement 44 Second: by Dr. Melzer 45 Vote: unanimous 46 47 Joseph M. Kilman, D.M.D., Case No. 2007-11923, Settlement Agreement 48 (PCP Melzer, Thomas) 49 Dr. Kilman was present and was represented by Randolph Collette, Esq. An administrative 50 complaint filed on May 7, 2008 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum General Business Meeting September 11-12, 2008 Page 4 of 25
  5. 5. Amended 2/20/2009 1 standards involving over preparation for crowns, seating crowns without post and cores where 2 inadequate tooth structure remained, failure to take post-treatment x-rays. 3 4 Probable cause panel recommendation: reprimand, $10,000 fine payable within 6 months, costs 5 payable within 6 months, 3 hours in ethics, 1 year comprehensive dental course, refund to patient, 6 pass laws and rules exam within 12 months, CE audit for next biennium. 7 8 A settlement agreement was presented to the board with the following terms: letter of concern, fine 9 of $7000 payable within 6 months, costs of $3022.07 payable within 6 months, range of 3 to 6 hours 10 in diagnosis and treatment planning, 3 to 6 hours in crown and bridge and 3 hours in record keeping 11 and verified competency obtained from an accredited college of dentistry taken within 6 months of 12 order; refund to patient, pass the laws and rules exam and a CE audit for next biennium. 13 14 Following review, the following action was taken by the board: 15 16 Motion: by Ms. Gainey to reject the settlement agreement 17 After discussion motion withdrawn 18 19 Motion: by Dr. Morgan to accept the settlement 20 Second: by Dr. Perdomo 21 Vote: unanimous 22 23 Bruce G. Knecht, D.D.S., Case No. 2007-12566, Settlement Agreement 24 (PCP Melzer, Thomas)(Additional info in Addendum pg. 65) 25 Dr. Knecht was present and was represented by Stephen Knoerr, Esq. A two count administrative 26 complaint filed on May 6, 2008 alleged violations of s. 466.028(1) (x), F.S. of failure to meet 27 minimum standards involving failure to check surgical instrument during or after surgery for 28 breakage, failure to complete a post surgical exam with x-rays following extraction; left a piece of 29 broken surgical equipment called an elevator in extraction site and sutured over it and 30 466.028(1)(m), F.S of failing to keep written dental records justifying the course of treatment. 31 32 Probable cause panel recommendation: reprimand, $10,000 fine payable within 6 months, costs 33 payable within 6 months, 3 CE hours in record keeping, 3 CE hours in risk management. 3-6 hours 34 in surgical course with verified competency within 6 months, refund to patient, pass laws and rules 35 exam within 12 months, CE audit for next biennium. 36 37 A settlement agreement was presented to the board with the following terms: letter of concern, fine 38 of $7500 payable within 6 months, costs of $3238.36 payable within 6 months, 3-6 hours surgical 39 course and verified competency achieved from an accredited college of dentistry taken within 6 40 months, 3 hours of risk management; refund and a CE audit for next biennium, pass the laws and 41 rules exam within one year. 42 43 Following review, the following action was taken by the board: 44 45 Motion: by Dr. Gesek to accept the settlement agreement 46 Second: by Dr. Winker 47 Vote: unanimous 48 49 Jeffrey H. Krichmar, D.M.D., Case No. 2007-10761, Settlement Agreement 50 (PCP Melzer, Thomas) General Business Meeting September 11-12, 2008 Page 5 of 25
  6. 6. Amended 2/20/2009 1 Dr. Krichmar was present and was represented by Stephen Knoerr, Esq. A two count administrative 2 complaint filed on May 7, 2008 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum 3 standards involving failure to detect and adequately treat recurrent decay, failing restorations in 4 multiple teeth and failure to produce an overall course of treatment and s. 466.028(1)(m) of failure to 5 keep written dental records justifying the course of treatment. 6 7 Probable cause panel recommendation: reprimand, $10,000 fine payable within 6 months, costs 8 payable within 6 months, 3-6 hours in record keeping, 3-6 hours in risk management, 3-6 hours in 9 diagnosis and treatment planning with verified competency within 6 months refund to patient, pass 10 laws and rules exam within 12 months, CE audit for next biennium. 11 12 A settlement agreement was presented to the board with the following terms: letter of concern, fine 13 of $7000 payable within 6 months, costs of $3518.44 payable within 6 months, 3-6 hours in 14 comprehensive program in diagnosis and treatment planning, 3-6 hours in record keeping, 3 hours 15 risk management until verified level of competency is obtained from an accredited college of 16 dentistry taken within one year of order; refund to patient, pass laws and rules exam within one year 17 and a CE audit for next biennium. 18 19 Following review, the following action was taken by the board: 20 21 Motion: by Ms. Gainey to reject the settlement agreement and offer a counter settlement to 22 increase the hours from 3-6 hours to 9-12 hours in diagnosis and treatment 23 Second: by Dr. Gesek 24 Vote: unanimous 25 26 Alan E. Slootsky, D.M.D., Case No. 2006-20242, Settlement Agreement 27 (PCP Melzer, Thomas) 28 Dr. Slootsky was present and was represented by Dennis Vandenberg, Esq. A two count 29 administrative complaint filed on July 30, 2007 alleged violations of s. 466.028(1)(x), F.S. of failure to 30 meet minimum standards involving failure to diagnose a sufficient reason to extract tooth 32 and 31 failure to notify patient of possible nerve damage and 466.028(1)(m), F.S. failure to keep written 32 dental records justifying the course of treatment. 33 34 Probable cause panel recommendation: reprimand, $5000 fine payable within 6 months, costs 35 payable within 6 months, 3 hours in record keeping, 12 hours in diagnosis and treatment planning, 36 12 hours in oral surgery, 12 hours in post surgery management within 6 months, refund to patient, 37 pass laws and rules exam within 12 months, CE audit for next biennium. 38 39 A settlement agreement was presented to the board with the following terms: fine of $3000 payable 40 within 6 months, costs of $2762.89 payable within 6 months, within 9 months 6-9 hours in diagnosis 41 and treatment planning, 6-9 hours in oral surgery exodontia, 6-9 hours in post surgical management 42 comprehensive program until verified level of competency is obtained from an accredited college of 43 dentistry taken within one year of order; refund and a CE audit for next biennium, pass the laws and 44 rules exam within one year. 45 46 Following review, the following action was taken by the board: 47 48 Motion: by Dr. Gesek to reject the settlement and offer a counter-settlement to add letter of 49 concern and raise fine to $5,000 50 Second: by Dr. Klement 51 Vote: unanimous General Business Meeting September 11-12, 2008 Page 6 of 25
  7. 7. Amended 2/20/2009 1 2 Dr. Slootsky accepted the counter offer. 3 4 Joseph E. Smith, D.D.S., Case No. 2007-24043, Settlement Agreement 5 (PCP Melzer, Thomas) 6 Dr. Smith was present and was not represented by counsel. An administrative complaint filed on 7 May 5, 2008 alleged violations of s. 466.028(1)(m), F.S. of failure to keep written dental records 8 justifying the course of treatment involving failure to document diagnosis for tooth 5 to support 9 extraction, failed to document type of local anesthetic, patient history, post operative care. 10 11 Probable cause panel recommendation: reprimand, $5000 fine payable within 6 months, costs 12 payable within 6 months, 3 hours in record keeping, 6-9 in diagnosis and treatment planning within 13 6 months, refund to patient, pass laws and rules exam within 12 months, CE audit for next 14 biennium. 15 16 A settlement agreement was presented to the board with the following terms: reprimand, fine of 17 $5000 payable within 6 months, costs of $1671.47 payable within 6 months, comprehensive 18 program in diagnosis and treatment planning of 6 to 9 hours until verified level of competency is 19 obtained from an accredited college of dentistry taken within 6 months of order; 3 hours in record 20 keeping, refund and a CE audit for next biennium, laws and rules exam within one year. 21 22 Following review, the following action was taken by the board: 23 24 Motion: by Dr. Morgan to accept the settlement 25 Second: by Ms. Kitchens 26 Vote: unanimous 27 28 Leon F. Smith, D.D.S., Case No. 2007-18398, Settlement Agreement 29 (PCP Melzer, Thomas) 30 A request for continuance was granted. 31 32 Lee A. Weiss, D.M.D., Case No. 2007-17993, Settlement Agreement 33 (PCP Melzer, Thomas) 34 Dr. Weiss was present and was represented by Stephen Knoerr, Esq. An administrative complaint 35 filed on May 6, 2008 alleged violations of s. 466.028(1)(m), F.S. of failure to keep dental records 36 justifying the course of treatment involving a treatment plan, radiographs, documentation of existing 37 decay and restorations. 38 39 Probable cause panel recommendation: reprimand, $5500 fine payable within 6 months, costs 40 payable within 6 months, 6-9 CE hours in record keeping, pass laws and rules exam within 12 41 months, CE audit for next biennium. 42 43 A settlement agreement was presented to the board with the following terms: letter of concern, fine 44 of $3500 payable within 6 months, costs of $2863.44 payable within 6 months, comprehensive 45 program in record keeping of not less than 6 to 9 hours until verified level of competency is obtained 46 from an accredited college of dentistry to be taken within one year of order; refund and a CE audit 47 for next biennium, laws and rules exam within one year. 48 49 Following review, the following action was taken by the board: 50 51 Motion: by Dr. Gesek to accept the settlement agreement with reevaluation (anesthesia) of dental General Business Meeting September 11-12, 2008 Page 7 of 25
  8. 8. Amended 2/20/2009 1 office 2 Second: by Ms. Fisher 3 Vote unanimous 4 5 Amber E. Wiebe, D.M.D., Case No. 2007-29032, Settlement Agreement 6 (PCP Melzer, Thomas) 7 Dr. Wiebe was present and was represented by Randolph Collette, Esq. A two count administrative 8 complaint filed on May 5, 2008 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum 9 standards involving improper preparation for crown and s. 466.028(1)(m), failure to keep written 10 records justifying the course of treatment for failure to record clinical examinations, inaccurate record 11 of any oral pathology or disease. 12 13 Probable cause panel recommendation: reprimand, $10,000 fine payable within 6 months, 3 hours 14 in record keeping, 3 hours in risk management, 6-9 hours in diagnosis and treatment planning within 15 6 months, costs payable within 6 months, refund to patient, pass laws and rules exam within 12 16 months, CE audit for next biennium. 17 18 A settlement agreement was presented to the board with the following terms: letter of concern, fine 19 of $6000 payable within 1 year, costs of $2742.32 payable within 1 year, within 12 months 3-9 20 hours comprehensive program in diagnosis and treatment planning until verified level of competency 21 is obtained from an accredited college of dentistry taken within one year of order; 3 hours in record 22 keeping 3 hours in risk management, refund and a CE audit for next biennium, pass the laws and 23 rules within one year. 24 25 Mr. Flynn orally amended the settlement stipulation, paragraph 6 under proposed disposition, by 26 striking current language and adding the following: respondent shall refund the patient in the 27 amount of $4,875 for out-of-pocket fees and costs for services rendered to tooth numbers 22-26 28 within thirty days of the final order. Respondent has credit for $2,000 already paid as of August 30, 29 2008. No third party reimbursement is required by respondent, however, patient is responsible to 30 reimburse third party for any payments for tooth numbers 22-26. Notification has been made to the 31 patient by Department Counsel on September 9, 2008. 32 33 Following review, the following action was taken by the board: 34 35 Motion: by Dr. Gesek to amend the settlement to accept the substituted language under proposed 36 disposition, paragraph 6 and to amend continuing education as follows: complete 3-6 hours in 37 diagnosis and treatment planning and 6-9 hours in crown and bridge. 38 Second: by Ms. Gainey 39 Vote: unanimous 40 41 Dr. Wiebe accepted the counter offer. 42 43 Todd M. Williams, D.M.D., Case No. 2006-43273, Settlement Agreement 44 (PCP Melzer, Thomas) 45 Dr. Williams was present and was represented by Todd Smayda, Esq. An administrative complaint 46 filed on October 1, 2007 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum 47 standards involving implants and failure to inform patient of parasthesia complications. 48 49 Probable cause panel recommendation: reprimand, $ 10,000 fine payable within 6 months, costs 50 payable within 6 months, 12 hours of implant placement, 3 hours in post-op complications, 3 hours General Business Meeting September 11-12, 2008 Page 8 of 25
  9. 9. Amended 2/20/2009 1 in diagnosis and treatment planning within 6 months, refund to patient, pass laws and rules exam 2 within 12 months, CE audit for next biennium. 3 4 A settlement agreement was presented to the board with the following terms: letter of concern, fine 5 of $7000 payable within 6 months, costs of $3956.25 payable within 6 months, 9 hours in implant 6 placement until verified level of competency is obtained from an accredited college of dentistry taken 7 within one year of order, 3 hours in diagnosis and treatment planning; 3 hours in post-op 8 complications, refund and a CE audit for next biennium, laws and rules exam within 1 year. The 9 settlement included a revision of the administrative complaint. 10 11 Following review, the following action was taken by the board: 12 13 Motion: by Dr. Winker to reject the settlement agreement and amend to include 6-9 hours in 14 implant placement, 3-6 in diagnosis and treatment planning until verified level of 15 competency is obtained 16 Second: by Ms. Gainey 17 Vote: unanimous 18 19 Dr. Williams accepted the counter offer. 20 21 Meleste Warren, R.D.H., Case No. 2006-18705, Informal Hearing 22 (PCP Melzer, Thomas) 23 Ms. Warren was present and was represented by Edwin Bayo, Esq. An administrative complaint 24 filed on July 30, 2007 alleged violations of s. 466.028(1)(y), F.S. of practicing beyond the scope 25 involving placement of chemicals involved in bleaching – a non-delegable task. 26 27 Probable cause panel recommendation: reprimand, $1500 fine payable within 6 months, costs 28 payable within 6 months, 3 CE hours in ethics, pass laws and rules exam within 12 months, CE audit 29 for next biennium. 30 31 Following review, the following action was taken by the board: 32 33 Motion: by Dr. Winker to adopt the statement of fact as contained in the administrative complaint 34 Second: by Dr. Gesek 35 Vote: unanimous 36 37 Motion: by Dr. Winker to dismiss the case 38 Second: by Dr. Gesek 39 Vote: motion passes with 3 opposed 40 41 James Davison, D.D.S., Case No. 2007-35810, Voluntary Relinquishment 42 (PCP Melzer, Thomas) 43 Dr. Davison was not present and was not represented by counsel. A three count administrative 44 complaint filed on May 5, 2008 alleged violations of s. 466.028(1)(h), F.S. of being employed by a 45 corporation, 466.028(1)(g), F.S. of aiding and assisting an unlicensed person to practice (denturist 46 from Canada), s. 466.028(1)(z), F.S. delegating professional responsibilities to person not qualified. 47 48 Probable cause panel recommendation: revocation 49 50 A voluntary relinquishment of license was presented to the board. 51 General Business Meeting September 11-12, 2008 Page 9 of 25
  10. 10. Amended 2/20/2009 1 Following review, the following action was taken by the board: 2 3 Motion: by Dr. Gesek to accept the voluntary relinquishment 4 Second: by Ms. Kitchens 5 Vote: unanimous 6 7 Jannette Morales, D.R., Case No. 2008-12665, Voluntary Relinquishment 8 (PCP Waived) 9 Ms. Morales was not present nor represented by counsel. The Department alleged a violation of s. 10 466.028(1)(c), F.S. for being convicted of a crime related to the practice of dentistry. Ms. Morales 11 was convicted of a crime involving Medicare fraud – money laundering. A voluntary relinquishment 12 of license was presented to the board. 13 14 Following review, the following action was taken by the board: 15 16 Motion: by Ms. Gainey to accept the voluntary relinquishment 17 Second: by Dr. Thomas 18 Vote: unanimous 19 20 Claude D. Strickland, D.D.S., Case No. 2007-17563, Voluntary Relinquishment 21 (PCP Waived) 22 Dr. Strickland was not present and was represented by Edwin Bayo, Esq. 23 A voluntary relinquishment of license was presented to the board. Investigative file shows alleged 24 sexual misconduct. 25 26 Following review, the following action was taken by the board: 27 28 Motion: by Mr. Embree to accept the voluntary relinquishment 29 Second: by Ms. Kitchens 30 Vote: unanimous 31 32 Teresa Householder, D.R., Case No. 2007-32380, Settlement 33 (PCP Melzer, Thomas) 34 Ms. Householder was not present and was not represented by counsel. An administrative complaint 35 filed on May 5, 2008 alleged violations of s. 466.028(1)ll), F.S. of obtaining a license with insufficient 36 funds and change of address without notifying the board office. 37 38 Probable cause panel recommendation: suspend until compliant. 39 40 A settlement agreement was presented to the board with the following terms: reprimand, payment of 41 costs of $497.31 within 6 months, CE may be audited 42 43 Following review, the following action was taken by the board: 44 45 Motion: by Dr. Gesek to accept the settlement agreement 46 Second: by Ms. Gainey 47 Vote: unanimous 48 49 Amy D. Masri, D.M.D., Case No. 2007-27404, Waiver 50 (PCP Melzer, Thomas) General Business Meeting September 11-12, 2008 Page 10 of 25
  11. 11. Amended 2/20/2009 1 Dr. Masri was not present nor represented. A two count administrative complaint filed on May 5, 2 2008 alleged violations of s. 466.028(1)(x), F.S. of failure to meet minimum standards involving root 3 canal and broken file left in canal and 466.028(1)(m), F.S. for failing to keep records justifying the 4 treatment. Respondent’s license was revoked at the June 2008 meeting. 5 6 A motion for default was presented to the board. 7 8 Following review, the following action was taken by the board: 9 10 Motion: by Ms. Kitchens that Dr. Masri waived her right to a formal hearing in this matter 11 Second: by Ms. Gainey 12 Vote: unanimous 13 14 Motion: by Dr. Gesek to adopt the findings of fact and conclusions of law 15 Second: by Dr. Winker 16 Vote: unanimous 17 18 Motion: by Dr. Morgan to impose revocation based on aggravating circumstances as stated by Mr. 19 Flynn and assess costs of $4,240.84 20 Second: by Ms. Kitchens 21 Vote: unanimous 22 23 Dr. Melzer advised the board that the investigative office, prosecution services and probable cause 24 panel spend an enormous amount of time reviewing the cases prior to cases coming before the 25 board. The panel also reviews x-rays in the cases. He is concerned about the reduction of the fines 26 and penalties recommended by the probable cause panel. 27 28 APPEARANCES (THURSDAY) 29 Doug Manning, DMD, JD, MPH, Quarterly Update on Oral Health from DOH 30 Dr. Manning, Senior Health Services Analyst, Public Health Dental Program, Department of Health, 31 gave a status report to the board on the ad hoc workforce Oral Health Committee. He gave an 32 overview of public health relating to the primary care dental services provided in the 67 counties, 33 with statistics. The statewide average of dentist per population ratio is 1:1943. 34 35 He reported that medical and dental services are available in county health departments, Children’s 36 Medical Services clinics and several regional health service centers located throughout the state. 37 With fewer private practitioners accepting Medicaid patients, these safety net providers take on more 38 of the uninsured patients. Forty-nine of sixty seven counties provide primary care dental services. 39 Eighty percent of dental disease is in twenty percent of the disadvantaged population. The 40 population of Florida is over 19 million. The county health departments have 194 dentist positions 41 (full and part time) and 457 dental hygienist positions. There are 35 dentist vacancies some 42 positions vacant since 2003. Three counties have no dentist, 7 counties have no Medicaid dentist, 9 43 counties have no Medicaid children’s dentist, 7 counties have only one Medicaid children’s dentist. 44 45 Dr. Manning discussed preventive and educational programs – water fluoridation, teledentistry – 46 70% of Florida’s population receive fluoridated water. He stated that some keys to improving oral 47 health were sealants, fluoride varnish, ability to provide specialty care, community water fluoridation, 48 education, diet and nutrition. 49 50 Board members discussed various options and roadblocks to licensees providing assistance to the 51 county health departments through CE credit and remediation. General Business Meeting September 11-12, 2008 Page 11 of 25
  12. 12. Amended 2/20/2009 1 2 Testing Services Presentation on Dental Examination Changes 3 Michael Curtis, Testing Services Unit and Charles Ross, Assistant Examination Supervisor were 4 present to discuss the examination changes. 5 6 Dr. Klement explained that the Examination Committee is made up of members of the board. The 7 Examination Development Committee is made up of Drs. Charles Ross, Dr. Hal Haering, Dr. William 8 Robinson and herself. 9 10 Motion: by Dr. Gesek to refer the issue of curriculum integrated format to the Exam Committee 11 Second: by Ms. Gainey 12 Vote: unanimous 13 14 Motion: by Dr. Thomas to allow candidates to take Class III Composite on a mannequin 15 Second: by Ms. Gainey 16 Vote: unanimous 17 18 Motion: by Dr. Thomas to hold a full board meeting by telephone conference call on October 6 at 19 5:00 to discuss examination changes 20 Second: by Dr. Melzer 21 Vote: unanimous 22 23 Testing Services Correspondence 24 Consideration of Examination Committee Recommendation regarding Diagnostic Skills 25 Examination 26 The Department currently uses a portion of the Northeast Regional Board of Dental Examiners, Inc. 27 (NERB) Diagnostic Skills Examination, consisting of 100 questions. The Examination Development 28 Committee has recommended that the Diagnostic Skills examination be expanded to include the 29 NERB Diagnostic Skills examination in its entirety. This change would expand the examination from 30 100 questions to approximately 280 questions, to include Diagnosis, Oral Medicine and Radiology, 31 Comprehensive Treatment Planning and Periodontics, Prosthodontics and Medical Considerations. 32 33 Motion: by Dr. Klement to adopt the exam as recommended 34 Second: by Dr. Morgan 35 Vote: motion passes with Dr. Thomas opposed 36 37 38 Request for Continuing Education Credits 39 The board reviewed a request from Michael Curtis, psychometrician with Testing Services, to 40 approve continuing education credits for work completed during a laws and rules task analysis. The 41 statute allows continuing education for research, subjects pertinent to oral health and safety, and 42 participation in board-approved individual study. 43 44 Following discussion, the following action was taken by the board: 45 46 Motion: by Dr. Gesek to approve the continuing education credit 47 Second: by Dr. Winker 48 Vote: Unanimous 49 50 PETITIONS/OTHER REQUESTS 51 Anas Selman, D.D.S. General Business Meeting September 11-12, 2008 Page 12 of 25
  13. 13. Amended 2/20/2009 1 Petition for Variance or Waiver, Rule 64B5-2.0146, FAC 2 Dr. Selman was present and not represented by counsel. He graduated from Tishreen University 3 Dental School in Syria in 2000. January, 2003 through June, 2004. In July, 2004, Endodontic post- 4 doctoral program – graduation in June 2006. October, 2007 - full time faculty in Endodonics at 5 Columbia University in New York. 6 7 Following discussion, the following action was taken by the board: 8 9 Motion: by Dr. Thomas to approve the petition for variance or waiver 10 Second: by Dr. Gesek 11 Vote: unanimous 12 13 Tuong Vi T Le, D.D.S. 14 Petition for Variance or Waiver, Rule 64B5-2.013, FAC 15 Dr. Le is completing her residency at Nova Southeastern. She passed the clinical exam last year on 16 March 22, 2007, but failed the laws and rules. Candidates have 13 months to complete all 3 exams 17 – she would like to take the laws and rules exam and has listed hardship documentation – medical 18 information on car crash, health reasons which have prevented her from re-take of the exam. 19 20 Following discussion, the following action was taken by the board: 21 22 Motion: by Dr. Thomas to approve the petition for variance or waiver 23 Second: by Dr. Winker 24 Vote: unanimous 25 26 Maritza Vega, D.D.S. 27 Petition for Variance or Waiver, Rules 64B5-7.003(4), 64B5-2.0146(2), FAC 28 Dr. Vega was present and was represented by Edwin Bayo. Dr. Vega received her dental degree 29 from Havana, Cuba. She completed a two year dental general residency program at Jackson 30 Memorial Hospital. 31 32 Following discussion, the following action was taken by the board: 33 34 Motion: by Dr. Thomas to approve the petition for variance or waiver 35 Second: by Dr. Melzer 36 Vote: unanimous 37 38 Adriana Gabaldon, D.D.S. 39 Petition for Variance or Waiver, Rules 64B5-7.003(4), 64B5-2.0146(2), FAC 40 Dr. Gabaldon was present and was represented by Edwin Bayo. Dr. Gabaldon received her dental 41 degree from Central University of Venezuela in Caracas. She completed a two year dental general 42 practice residency program at Jackson Memorial Hospital sponsored by the University of Miami. 43 44 Following discussion, the following action was taken by the board: 45 46 Motion: by Dr. Gesek to approve the petition for variance or waiver 47 Second: by Dr. Thomas 48 Vote: unanimous 49 50 Robin D. Young, D.D.S. 51 Request for reinstatement of dental license General Business Meeting September 11-12, 2008 Page 13 of 25
  14. 14. Amended 2/20/2009 1 Dr. Young was present and was represented by Dave Watkins, Esq. Dr. Young was suspended on 2 April 4, 2008 by final order pending a PRN evaluation and compliance with any recommendations. 3 She has complied with these terms and is requesting reinstatement of her dental license. 4 5 Following discussion, the following action was taken by the board: 6 7 Motion: by Dr. Melzer to reinstate the dental license 8 Second: by Dr. Thomas 9 Vote: motion passes with Dr. Winker opposed 10 11 Johnny Caceres, D.D.S. 12 Petition for Variance or Waiver, Rule 64B5-7.003(4), 64B5-2.0146(2), F.A.C. 13 Dr. Caceres was present and was represented by Edwin Bayo, Esq. Dr. Caceres received his 14 dental degree from the University of Havana, Cuba. He completed a two year residency in Oral and 15 Maxillofacial Surgery at Jackson Memorial Hospital under the auspices of Miami University. 16 17 Following discussion, the following action was taken by the board: 18 19 Motion: by Dr. Gesek to approve the petition for variance or waiver 20 Second: by Dr. Winker 21 Vote: unanimous 22 23 Ivan Izquierdo, D.M.D. 24 Petition for Variance or Waiver, Rule 64B5-7.003(4), 64B5-2.0146(2), F.A.C. 25 Dr. Izquierdo was present and was represented by Edwin Bayo, Esq. Dr. Izquierdo received his 26 dental degree from I.S.C.M. University in Villa Clara, Cuba. He completed two one-year programs of 27 supplemental dental education in Advanced Education General Dentistry at the Dade County Dental 28 research clinic (July 2006 to June 2007) and an oral maxillofacial surgical residency at Jackson 29 Memorial Hospital under the auspices of the University of Miami. 30 31 Following discussion, the following action was taken by the board: 32 33 Motion: by Dr. Thomas to approve the petition for variance or waiver 34 Second: by Dr. Melzer 35 Vote: unanimous 36 37 Sandra Brener, D.D.S. 38 Petition for Variance or Waiver, Rule64B5-2.0146(2), F.A.C. 39 Dr. Brener was present and was represented by Edwin Bayo, Esq. Dr. Brener received her dental 40 degree from the University of Buenos Aires. She received a master’s degree in pediatric dentistry in 41 1996. She completed a two year pediatric dentistry residency program at Nova Southeastern 42 University. 43 44 Following discussion, the following action was taken by the board: 45 46 Motion: by Dr. Gesek to approve the petition for variance or waiver 47 Second: by Dr. Winker 48 Vote: unanimous 49 50 Vivian Manjarres, D.D.S. 51 Petition for Variance or Waiver, Rule 64B5-2.0146(2), F.A.C. General Business Meeting September 11-12, 2008 Page 14 of 25
  15. 15. Amended 2/20/2009 1 Dr. Manjarres was present and was not represented by counsel. She graduated from a 5 year dental 2 program at Universidad Javeriana in Bogota, Columbia. She practiced for 2 years in Bogota. In 3 1994 she entered the Advanced Education Program in Endodontics at Baylor College of Dentistry in 4 Dallas, Texas. In 2004, she accepted a teaching position at Nova Southeastern in the endodontics 5 program. She has passed the WREB. 6 7 Following discussion, the following action was taken by the board: 8 9 Motion: by Mr. Embree to approve the petition for variance or waiver 10 Second: by Dr. Gesek 11 Vote: unanimous 12 13 Thelma Josephs 14 Petition for Variance or Waiver, Rule 64B5-2.0144, F.A.C. 15 Ms. Josephs was present and was not represented by counsel. She received her degree in 16 Dentistry in 1982 from Escola de Farmacia e Odontologia de Alfenas in Brazil. She wants to sit for 17 the Dental Hygiene exam and is missing documented coursework in prophylaxis which she states is 18 included in other coursed during her dentistry program. She was a dentist in Brazil from 1983 to 19 1999 and performed this procedure on many patients. 20 21 Following discussion, the following action was taken by the board: 22 23 Motion: by Dr. Gesek to approve the petition for variance or waiver 24 Second: by Dr. Melzer 25 Vote: motion passes with Ms. Kitchen and Ms. Fisher opposed 26 27 Patrick Leconte, D.M.D. 28 Dr. Leconte was present and was represented by Edwin Bayo, Esq. A motion for extension of time 29 was filed as respondent has filed bankruptcy. Respondent has paid $2000 and requests an 30 extension of time to pay additional fines and costs. 31 32 Following discussion, the following action was taken by the board: 33 34 Motion: by Dr. Thomas to grant a one year extension and respondent cannot discharge fines and 35 costs in bankruptcy proceeding 36 Second: by Ms. Gainey 37 Vote: unanimous 38 39 APPLICATION REVIEW 40 Terrell Rubin, Applicant for Dental Hygiene Exam 41 Mr. Rubin was present and was not represented by counsel. A PRN recommendation letter 42 recommends compliance with a chemical dependency contract with possible early termination. 43 44 Following discussion, the following action was taken by the board: 45 46 Motion: by Dr. Gesek to approve the application 47 Second: by Ms. Gainey 48 Vote: unanimous 49 50 Nhan Pham, Applicant for Dental Hygiene Exam General Business Meeting September 11-12, 2008 Page 15 of 25
  16. 16. Amended 2/20/2009 1 Mr. Pham was not present and was not represented by counsel. He appeared at the June board 2 meeting, waived his 90 days and agreed to a PRN evaluation. 3 4 Following discussion, the following action was taken by the board: 5 6 Motion: by Dr. Thomas to approve the application 7 Second: by Ms. Kitchens 8 Vote: motion passes with Dr. Winker opposed 9 10 Dr. Winker asked that a letter be sent to the applicant that he had concerns regarding his past 11 history of altercations. 12 13 Hilary R. Dalton, D.M.D., M.S., Applicant for Conscious Sedation Permit 14 Dr. Dalton was not present and was not represented by counsel. She has applied for a conscious 15 sedation permit. Her office failed the inspection and according to rule, the permit must be denied 16 64B5-14.007(5), F.A.C. 17 18 Following discussion, the following action was taken by the board: 19 20 Motion: by Dr. Melzer to deny the application 21 Second: by Dr. Thomas 22 Vote: unanimous 23 24 The board expressed that if Dr. Dalton is interested in obtaining a conscious sedation permit she 25 should reapply. 26 27 Craig Allen Sater, D.D.S., Applicant for Conscious Sedation Permit 28 Dr. Sater was present and was represented by Edwin Bayo. He has applied for a conscious sedation 29 permit. Dr. Sater was charged with a standard of care violation in which the board rejected the 30 settlement agreement and the board revoked his conscious sedation permit in June, 2007. Dr. Sater 31 completed a 22 hour remedial course and several risk management and error prevention courses. 32 He is requesting that he be granted a permit. 33 34 Following discussion, the following action was taken by the board: 35 36 Motion: by Dr. Thomas to approve the application pending satisfactory office inspection and the 37 administration of anesthesia to one patient. All sedation cases must be monitored for one 38 year with the monitor physically present through October 2009. 39 Second: by Dr. Perdomo 40 Vote: motion passes with Dr. Klement opposed 41 42 Suwannee River Area Health Education Center, Applicant for CE Provider Status 43 Ms. Susie Lloyd was present and not represented by counsel. She is seeking approval as a CE 44 provider for this health education center. 45 46 Following discussion, the following action was taken by the board: 47 48 Motion: by Dr. Gesek to approve the application 49 Second: by Dr. Perdomo 50 Vote: unanimous 51 General Business Meeting September 11-12, 2008 Page 16 of 25
  17. 17. Amended 2/20/2009 1 Aesthetic Mentors, LLC Application for CE Provider 2 The board reviewed the program which included instruction in botox/dermal fillers, etc. 3 4 Following discussion, the following action was taken by the board: 5 6 Motion: by Dr. Klement to approve the application 7 Second: by Dr. Perdomo 8 Vote: unanimous 9 10 Marcia Farrar, R.D.H. Applicant for Dental Hygiene Licensure 11 Ms. Farrar was present and not represented by counsel. Ms. Farrar’s license is null and void. It was 12 current until 2000. She has retaken and passed the national exam and has taken a review course for 13 the laws and rules exam. 14 15 Following discussion, the following action was taken by the board: 16 17 Motion: by Dr. Thomas to approve the application for her to sit for the licensing examination 18 Second: by Dr. Melzer 19 Vote: unanimous 20 21 TOPIC DISCUSSION 22 Letter from Ed Bayo regarding scope of practice of dental assistants 23 Mr. Bayo is asking whether a dental assistant can use a prophy jet to clean orthodontic brackets and 24 wires during hygiene visits. Rule 64B5-16.005(4)(b) allows an assistant to perform task of irrigation 25 and evacuation of debris under indirect supervision. 26 27 Following discussion, Mr. Tellechea advised the board that the board should not answer this as it 28 would constitute a non-rule policy. 29 30 A second question was posed. Does the supra gingival use of a hand instrument such as an 31 explorer or spoon excavator to remove debris from the clinical crown fall within the scope of a dental 32 assistant? 33 34 Following discussion, Mr. Tellechea advised the board that the board should not answer this as it 35 would constitute a non-rule policy. The proper avenue would be for interested parties to request a 36 petition for declaratory statement. 37 38 Question regarding oral cancer screening technique 39 The following question was posed to the board office: can a dental hygienist using visalight oral 40 cancer screen check the patient for tissue abnormalities in the absence of the dentist? 41 42 Mr. Tellechea advised the board they should not answer this question by making non-rule policies 43 and interested parties should request a petition for declaratory statement. Concerning this question, 44 a licensee should be referred to the rules concerning delegable duties. The board stated the use of 45 visalight oral cancer screen is not a delegable duty. 46 47 Health Access Dental License 48 Application draft 49 Board staff submitted a draft of the health access dental license application for board review and 50 approval. 51 General Business Meeting September 11-12, 2008 Page 17 of 25
  18. 18. Amended 2/20/2009 1 Following discussion, the following action was taken by the board: 2 3 Motion: by Dr. Thomas to approve the application 4 Second: by Ms. Kitchens 5 Vote: unanimous 6 7 Board members requested that application be revised to show Health Access Dental License on the 8 initial page and a section for location. Members stated they would like dentists to notify the board of 9 changes in practice location within 30 days. 10 11 Motion: by Dr. Thomas to approve the application with the addition of a statement indicating 12 practice location and to direct counsel to draft rules 13 Second: by Dr. Klement 14 Vote: unanimous 15 16 Rule drafts 17 64B5-5.001 Application for Health Access Dental License 18 19 64B5-5.001 Application for Health Access Dental License 20 Any person wishing to be issued a Health Access Dental License shall apply to the Board of 21 Dentistry. The application shall be made on the Application for Health Access Dental License form 22 FORM # (revised date), hereby adopted and incorporated by reference, and can be obtained from 23 the Board of Dentistry’s website at http://www.doh.state.fl.us/mqa/dentistry/. 24 25 No SERC Required 26 27 28 SB 2760 29 The board discussed language in the bill on page 3 of 13 which states “retired veterans”. This 30 language is restrictive to those who did not “retire” from the military. The board asked staff to place 31 the following definition in the application: Definition of retirement = separated from the military. 32 33 Dental/Dental Hygiene Examination Applications – revision 34 Following discussion, the following action was taken by the board: 35 36 Motion: by Dr. Thomas to accept the changes 37 Second: by Dr. Melzer 38 Vote: unanimous 39 40 Letter from CODA regarding University of Miami/Jackson Memorial Hospital General Practice 41 Residency Program 42 The Board of Dentistry was copied on a letter to Mr. Marvin O’Quinn, President, Public Health Trust, 43 Miami University involving the accreditation status of the general practice residency program which 44 is currently “approval with reporting requirements”. An 18 month period to correct deficiencies 45 expires in January, 2009. Some deficiencies in the program remain and Commission is notifying of 46 its intent to withdraw accreditation. 47 48 Motion: by Dr. Perdomo to instruct board staff to send letter to Mr. O’Quinn informing him that the 49 permits may be revoked if the program does not obtain accreditation 50 Second: by Ms. Gainey 51 Vote: unanimous General Business Meeting September 11-12, 2008 Page 18 of 25
  19. 19. Amended 2/20/2009 1 2 Letter from Florida Association of Orthodontists and Florida Dental Association regarding 3 proposed changes regarding impressions for orthodontic appliances 4 5 FOR YOUR INFORMATION 6 Rule 64B5-3.005, FAC, Counterfeit-resistant Prescription Blanks for Controlled Substance 7 Prescribing 8 Statistics for Dentists, Dental Hygienists and Dental Radiographers 9 Article – A Dental Scandal 10 2007- 2008 ADEX Annual Report 11 2007 Annual Report – WREB 12 Charts Report – Total Licensed Dentists by County 13 Letter from Drs. Gordy and Kaim 14 List of Approved Petitions for Variance or Waiver relating to education 15 Correspondence from Farokh Jiveh, D.D.S. regarding one time assessment fee 16 Budget information – Dental 17 Budget information – Dental Hygiene 18 19 REPORTS 20 Board Counsel 21 Legislation Affecting Small Businesses 22 a. HB 7109 23 b. Memorandum from Ed Tellechea 24 c. Rules for Review 25 26 Rule 64B5-2.014 Licensure Requirements for Applicants from Accredited Schools or Colleges 27 Insert new language for (4) and renumber remaining items 28 (4) proof of training in cardiopulmonary resuscitation (CPR) at the basic support level, including 29 one-rescuer and two-rescuer CPR for adults, children, and infants; the use of an automatic external 30 defibrillator (AED); and the use of ambu-bags. All such training shall be sufficient for and shall result 31 in current certification or re-certification by the American Heart Association, the American Red Cross 32 or an entity with equivalent requirements. 33 34 No SERC Required 35 36 Rule 64B5-16.001 Definitions of Remediable Tasks and Supervision Levels (new section) 37 Create (8) 38 (8) Any task delegable to dental assistants will be delegable to dental hygienists under the same 39 supervision level, unless otherwise stated in the rules. 40 41 No SERC Required 42 43 64B5-16.002 Required Training 44 (1) Formal training which is required for the performance of certain remediable tasks consists of a 45 dental hygienist’s or dental assistant’s successful completion of an expanded duty course or 46 program which meets one of the following requirements: 47 (a) The course or program is administered or was developed as a part of the regular curriculum at a 48 school of dentistry, dental hygiene or dental assisting accredited by the American Dental 49 Association’s Commission on Dental Accreditation, its successor agency or any other nationally 50 recognized accrediting agency; or General Business Meeting September 11-12, 2008 Page 19 of 25
  20. 20. Amended 2/20/2009 1 (b) The course or program has been approved by the Board for the purpose of providing expanded- 2 duties training for dental hygienists and dental assistants; or 3 (c) A dental assistant who possesses a current Dental Assisting National Board, Inc. (DANB) 4 credential. 5 6 No SERC Required 7 8 Rule 64B5-16.006 Remediable Tasks Delegable to a Dental Hygienist 9 Move to indirect supervision 10 Marginating restorations with finishing burs, green stones, and/or burlew wheels with slow-speed 11 rotary instruments which is not for the purpose of changing existing contours or occlusion; 12 13 SERC Required; will have a positive effect 14 15 Rule 64B5-16.006(1)(c) 16 Move to indirect supervision 17 Cementing temporary crowns and bridges with temporary cement; 18 19 SERC Required; will have a positive effect 20 21 Rule 64B5-16.006(1)(h) 22 Move to indirect supervision 23 Monitor the administration of the nitrous-oxide oxygen making adjustments only during this 24 administration and turning it off at the completion of the dental procedure; 25 26 SERC Required 27 28 Rule 64B5-16.006(2)(h) 29 Move to general supervision 30 Applying sealants 31 32 SERC Required 33 34 Rule 64B5-16.006(2)(i) 35 Move to general supervision 36 Placing or removing prescribed pre-treatment separators 37 38 SERC Required 39 40 Rule 64B5-16.006 41 Add (2)(l) (new) 42 Monitor and remove in-office bleaching materials, after placement of bleach by dentist 43 44 SERC Required 45 46 Add new language to allow dental hygienists to insert and/or perform minor adjustments to 47 sports mouth guards and custom fluoride trays under general supervision 48 Insert and/or perform minor adjustments to sports mouth guards and custom fluoride trays 49 50 Rule 64B5-16.007(4) General Business Meeting September 11-12, 2008 Page 20 of 25
  21. 21. Amended 2/20/2009 1 (4) Without Supervision: Provide educational programs, faculty or staff training programs, authorized 2 fluoride rinse programs, apply fluoride varnishes, instruct patients in oral hygiene care and 3 supervising patient oral hygiene care and other services which do not involve diagnosis or treatment 4 of dental conditions. 5 6 SERC Required 7 8 64B5-15.002 Application Fees 9 The application fee for licensure as a dentist shall be one hundred dollars ($100.00), and the 10 application fee for licensure as a dental hygienist shall be fifty dollars ($50.00). The application fee 11 for a Health Access Dental License shall be one hundred dollars ($100.00). 12 13 No SERC Required 14 15 64B5-15.006 Licensure and Renewal Fees 16 (1) The fee for biennial renewal of both a dental license and of a health access dental license shall 17 be $300.00, .and The biennial renewal fee for a dental hygiene license, the renewal fee shall be 18 $100.00. 19 (2) Initial licensure fees shall be the same as renewal fees. However, applicants granted initial 20 licensure during the second year of the biennium shall pay one half of the normal fee. 21 22 No SERC Required 23 24 64B5-17.006 Work Order Prescription Forms. 25 (1) Approved work order prescription forms must contain all information necessary for completion of 26 the assigned work and must include at a minimum: 27 (a) Title – “Laboratory Procedure Authorization Prescription;” 28 (b) Name, address and license number of the registered dental laboratory; 29 (c) Name, address and license number of the Florida licensed dentist who owns the work order 30 prescription form and is authorizing the procedure; 31 (d) Name of patient(s) Patient’s name or number; 32 (e) Date sent to lab; 33 (f) Signature of the licensed dentist, which may be an electronic signature; 34 (g) Sufficient descriptive information to clearly identify each separate and individual piece of work to 35 be performed by the dental laboratory; and 36 (h) Specification of materials to be contained in each work product. 37 (2) Copies of work order prescription forms must be maintained, either on paper or stored 38 electronically in an encrypted data base, by in the prescribing dentist’s office for a period of four (4) 39 years following the date the prescription was issued. The original prescription shall be retained in a 40 file by the dental laboratory for a period of 4 years. 41 (3) A registered dental laboratory may perform work for another registered dental laboratory if that 42 work is performed pursuant to a written authorization form containing all information necessary for 43 completion of the assigned work and must include at a minimum: 44 (a) Title – “Laboratory Procedure Authorization;” 45 (b) Name, address and license number of the originating registered dental laboratory; 46 (c) Name, address and license number of the registered dental laboratory performing the work; 47 (d) Evidence that the originating laboratory has obtained a valid prescription which shall include the 48 name, address and license number of the licensed dentist who wrote the original prescription 49 authorizing the procedure; 50 (e) Sufficient descriptive information to clearly identify each separate and individual piece of work to General Business Meeting September 11-12, 2008 Page 21 of 25
  22. 22. Amended 2/20/2009 1 be performed by the dental laboratory; and 2 (f) Specification of materials to be contained in each work product. 3 4 SERC Required 5 6 64B5-2.0144 Licensure Requirements For Dental Hygiene Applicants from Unaccredited 7 Dental Schools or Colleges 8 Applicants for licensure as dental hygienists who have graduated from an unaccredited dental 9 school or college shall submit the following: 10 (1) – (9) No Change. 11 (10)(a) Applicants applying for licensure under Section 466.007(2)(b)2., F.S., whose applications do 12 not indicate they have obtained Dental Hygiene clinical education to the level of the clinical 13 experience required by an American Dental Association (ADA) accredited Dental Hygiene program 14 in the areas set forth in paragraph (110)(b) below, who have failed the initial examination, shall be 15 required to obtain remedial coursework in those designated areas that applicant has not successfully 16 completed that would meet the ADA clinical requirements at an ADA accredited dental or dental 17 hygiene school, before being permitted to re-take the dental hygiene examination. Such additional 18 coursework shall be obtained from a program accredited by the ADA, only after the applicant 19 satisfies and the Board approves the education and testing requirements of subsections (3) through 20 (10) above. Such additional coursework must be obtained by the applicant and approved by the 21 Board prior to the applicant being allowed to sit for the Florida Dental Hygiene examination. 22 (b) – (c) No Change. 23 24 No SERC Required 25 26 Proposed Rule Draft 64B5-2.013, FAC 27 64B5-2.013 Dental Examination Requirements and Grading. 28 (1)(a) – (3)(d) No change 29 1. Class II Amalgam and Class III Composite on Patient. This part of the Practical or Clinical 30 Examination shall consist of a preparation procedure and a restoration procedure. The following 31 areas will be assessed in determining a grade for each procedure: 32 a.-(4)(c) no change 33 34 The board did not approve this rule. 35 36 Rules Report 37 The board discussed a recent letter from Ms. Printy, JAPC and response from Donna Erlich, DOH 38 regarding Certification of Foreign Educational Institutions. The board also reviewed draft language 39 involving the certification of foreign dental schools and following discussion, the following action was 40 taken by the board: 41 42 64B5-2.0151 Review Procedures, Standards and Methodology for Certification of Foreign 43 Education Institutions 44 (1) Purpose. The purpose of this rule is to provide the review procedures, standards and 45 methodology to be applied by the Florida Department of Health in surveying and evaluating a foreign 46 dental school which has applied to the Department for certification pursuant to Section 466.008, 47 Florida Statutes. 48 (2) A foreign dental school which seeks certification pursuant to Section 466.008, Florida Statutes, 49 shall submit the following to the Department: 50 (a) A completed application form; General Business Meeting September 11-12, 2008 Page 22 of 25
  23. 23. Amended 2/20/2009 1 (b) A registration fee as prescribed by the Department; 2 (c) A survey fee as prescribed by the Department; 3 (d) A completed data base questionnaire. A current catalog and student and faculty handbook 4 should be submitted with the completed data base questionnaire; 5 (e) A Preliminary Accreditation Consultation Visit (PACV) site visit report prepared by the 6 Commission on Dental Accreditation (CODA); and 7 (f) A CODA accreditation site visit report. 8 (3) After items (2)(a) through (f) are provided to the Department, the application form, data base 9 questionnaire, CODA’s PACV site visit report and CODA accreditation site visit report will be 10 presented to a Technical Advisory Committee appointed by the Department in accordance with 11 Section 466.008(3), Florida Statutes. The committee will review the applicant school’s submissions 12 and issue a report to the Department based on an evaluation of the following: 13 (a) institutional effectiveness/outcomes assessment 14 (b) curriculum content and scope 15 (c) faculty and staff qualifications and numbers 16 (d) type and adequacy of facilities 17 (e) student attendance 18 (f) patient care services and policies 19 (g) student polices and services 20 (h) research for both faculty and staff 21 (i) quality assurance 22 (j) comprehensive patient care 23 (k) relationship of the school to the university and government; and 24 (l) standards of care. 25 (4) Upon receipt of the report by the Technical Advisory Committee, the Department will notify the 26 applicant school of its intent to grant or deny either provisional or full certification. Certification must 27 be denied if deficiencies found are of such magnitude as to prevent the students in the school from 28 receiving an educational base suitable for the practice of dentistry. 29 (5) Any school granted either provisional or full certification shall submit to the Department evidence 30 of continued compliance annually. Any material change in the elements listed in (3)(a) through (l) 31 above shall be reported to the Department in writing within fifteen (15) days of the change. 32 33 Motion: Dr. Thomas to approve draft 34 Second: Dr. Melzer 35 Vote: passes with Dr. Winker and Ms. Fisher opposed. 36 37 Proposed Rule Draft 64B5-17.002 38 64B5-17.002 Written Dental Records; Minimum Content; Retention 39 Initial draft: 40 1(c) Any radiographs used for the diagnosis and treatment of the patient including models or 41 electronic scans; 42 43 Motion: by Dr. Melzer to accept this change and notice rule 44 Second: by Dr. Klement 45 Vote: unanimous 46 47 No SERC required. 48 49 Alternate proposed by Vanessa Reynolds 50 64B5-17.002 General Business Meeting September 11-12, 2008 Page 23 of 25
  24. 24. Amended 2/20/2009 1 (7) Nothing herein shall be construed as requiring a dentist to take dental impressions for the 2 purpose of fabricating study models in any medium. 3 4 Motion: by Dr. Gesek to deny this language 5 Second: by Ms. Fisher 6 Vote: unanimous 7 8 Proposed Rule Draft 64B-4.004 Foreign Dental Schools 9 10 64B-4.004 Certification Fees For Foreign Dental Educational Institutions 11 (1) The applicant for certification shall pay an initial nonrefundable registration fee of $1,000. 12 (2) The fee for review of the certification application is $40,000. At the end of the certification 13 process, if any portion of this fee exceeds the documented reasonable costs and expenses actually 14 used in reviewing and evaluating the application, the excess amount shall be refunded to the 15 applicant. 16 (3) The fee for renewing a certification seven years after it was provisionally or fully granted by the 17 department is $500. 18 Specific Authority 466.008 FS. Law Implemented 456.025, 466.008 FS. History- New _________. 19 20 Motion: by Dr. Melzer to approve language 21 Second: by Ms. Fisher 22 Vote: unanimous 23 24 Council on Dental Hygiene 25 The following actions were reported from the August 19, 2008 telephone conference call. 26 27 The Council supports the proposed changes as previously provided to the board regarding Rule 28 64B5-2.0144(10)(a) and supported the following changes to the delegable duties: Take impressions 29 for fabricating: diagnostic study models, opposing models, bleaching trays, surgical stents providing 30 palatal coverage, orthodontic retainers, occlusal guards, space maintainers, sports mouth guards, 31 custom fluoride trays. The Council also supported the request that additional information be 32 provided regarding the high pass rate for the dental hygiene examination. The FDHA will provide a 33 list of concerns for the board’s review at the December 2008 meeting. 34 35 Motion: by Dr. Thomas to accept the report 36 Second: by Ms. Fisher 37 Vote: unanimous 38 39 No SERC Required 40 41 Board Director 42 Ratification of Lists of Approved Permits 43 Following discussion, the following action was taken by the board: 44 45 Motion: by Dr. Thomas to approve the lists 46 Second: by Dr. Melzer 47 Vote: unanimous 48 49 Chair 50 N/A 51 General Business Meeting September 11-12, 2008 Page 24 of 25
  25. 25. Amended 2/20/2009 1 Vice-Chair 2 N/A 3 4 Board Members 5 N/A 6 7 OLD BUSINESS 8 Ms. Connie Reid requested that the Council on Dental Assisting meet. Dr. Thomas indicated he 9 would like to receive input for new members for the Council. 10 11 NEW BUSINESS 12 Proposed meeting dates for 2009-2010 13 2009 14 February 20 15 May 8 16 July 31 17 October 30 18 19 2010 20 January 15 21 April 9 22 June 25 23 September 10 24 December 3 25 26 Proposed meetings are 11 – 12 weeks apart 27 28 The board requested a South Florida meeting. 29 30 Motion: by Dr. Gesek to allow counsel to initiate rulemaking regarding 64B5-2.0146 and 31 64B5-7.003 32 Second: by Dr. Melzer 33 Vote: unanimous 34 35 Remedial Task for Dental Assistants 36 The board office received an e-mail from Dr. Alena Burge requesting that the Board consider 37 expanding remedial tasks for Oral and Maxillofacial Surgery assistants. She feels that assistants 38 should be able to start a butterfly IV, place simple intraorally, remove I and D drainage tubes, place 39 healing collar on implants. 40 41 Following discussion, the following action was taken by the board: 42 43 Motion: by Dr. Gesek to refer to the Rules Committee and direct counsel to initiate rule making to 44 allow assistants to start IV and administer medications under direct supervision 45 Second: by Dr. Melzer 46 Vote: motion passes with one opposed 47 48 ADJOURNMENT 49 The meeting was adjourned at 2:15 p.m. General Business Meeting September 11-12, 2008 Page 25 of 25

×